Select August 2004 Decisions

Rivtow Marine Inc. –and– International Union of Operating Engineers, Local 115, August 18, 2004, unreported award of N. Glass. In this case the arbitrator denied a union grievance that the employer had failed to provide Long Term Disability payments as provided for by the collective agreement. The Union had argued that the employer had agreed to provide coverage which would be subject to an all source maximum of 85% of gross earnings rather than net earnings. After reviewing the bargaining history and language of the collective agreement, the arbitrator accepted the employer’s argument that at the time the employees went on LTD the employer only had to provide an industry standard agreement and that at the time the industry standard agreement had the cap applied to net earnings.

Health Employers Association of British Columbia –and– United Food and Commercial Workers’ Union, Local 1518, August 13, 2004, unreported award of C. Sullivan. In this case the arbitrator denied a union grievance that the employer had violated the collective agreement in not returning an employee to her preferred worksite after she returned to union leave...more

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Select 2004 Decisions

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